Harvey Updyke, the man accused of poisoning two oak trees on the campus of Auburn University, was attacked at a gas station in Opelika, Ala. just minutes after he left a court appearance on Wednesday, according to Updyke's attorney, Glennon Threatt.

Threatt, on the Paul Finebaum radio show, said that Updyke got out of his car a few miles from the courthouse and was heading into a convenience store when he was assaulted. Updyke blacked out and woke up on the ground, Threatt said. Updyke went to a local emergency room and has been released.

Harvey Updyke, who is accused of poisoning tree at Toomer's Corner, will be allowed to move to Louisiana. (AP Photo)

Threatt said a Montgomery, Ala. television station received an anonymous call from someone who told them that Updyke had been stabbed. When the station sent a reporter to the emergency room, Updyke was seen walking in with blood on his head. He was not stabbed, but the incident is just another bizarre twist in a story that has included Updyke living in his car by a river for fear of his safety if he'd remained at his home.

Updyke, an Alabama fan who allegedly tried to kill the trees at Toomer’s Corner, will be allowed to move to Louisiana to live with family, a Lee County District Court judge ruled Wednesday.

Updyke waived his right to a preliminary hearing. His case now moves to a grand jury, which is scheduled to convene May 2.

Updyke did not comment to reporters after his hearing, yielding to his attorney, Birmingham, Ala.-based Threatt. Before Wednesday, Threatt had said he made a plea deal offer that would have kept Updyke out of jail, al.com reported. The district attorney refused that arrangement.

Threatt told reporters Wednesday that Updyke will live with family members who will care for him, and that Updyke’s health has improved since his days in jail. The attorney reiterated his client’s remorse over the incident and said he hopes to share Updyke’s full biography.

“We don’t want to be judged by the worst moment of the worst day of our lives,” Threatt told al.com.

Updyke was arrested Feb. 17 after bragging about poisoning the trees when he called into Paul Finebaum’s syndicated sports talk radio show. He has been free on bond since, charged with first-degree criminal mischief. The trees are believed to have been poisoned in late November or December.

Auburn officials continue to try to save the Toomer’s oaks. The exact condition of the trees is unknown.